22-2410. Expungement of arrest records; docket fee; disclosure limited upon filing of petition.
22-2410
22-2410. Expungement of arrest records; docket fee;disclosurelimited upon filing of petition.(a) Any person who has been arrested in this state maypetition the district court for the expungement of such arrest record.
(b) When a petition for expungement is filed, the court shall set a date forhearing on such petition and shall cause notice of such hearing to be given tothe prosecuting attorney and the arresting law enforcement agency.When a petition for expungement is filed, the official court file shall beseparated from the other records of the court, and shall be disclosedonly to a judge of the court and members of thestaff of the court designated by a judge of the district court, the prosecutingattorney, the arresting law enforcement agency, or any other person whenauthorized by a court order, subject to any conditions imposed by the order.Except as otherwise provided by law, a petition for expungement shall beaccompanied by a docket fee in the amount of $100.Except as provided further, the docket fee established in this section shallbethe only feecollected or moneys in the nature of a fee collected for the docket fee. Suchfee shall only beestablished by an act of the legislature and no other authority is establishedby law or otherwiseto collect a fee. On and after July 1, 2009 through June 30, 2010, the supremecourt may imposean additional charge, not to exceed $10 per docket fee, to fund the costs ofnon-judicialpersonnel. The petition shall state:
(1) The petitioner's full name;
(2) the full name of the petitioner at the time of arrest, if different thanthe petitioner's current name;
(3) the petitioner's sex, race and date of birth;
(4) the crime for which the petitioner was arrested;
(5) the date of the petitioner's arrest; and
(6) the identity of the arresting law enforcement agency.
No surcharge or fee shall be imposed to anyperson filing a petition pursuant to this section, who was arrested as a resultof being a victim of identity theft under K.S.A. 21-4018, andamendments thereto.Any person who may have relevant information about the petitioner may testifyat the hearing. The court may inquire into the background of the petitioner.
(c) At the hearing on a petition for expungement, the court shall order thearrest record and subsequent court proceedings, if any, expunged upon finding:(1) The arrest occurred because of mistaken identity;
(2) a court has found that there was no probable cause for the arrest;
(3) the petitioner was found not guilty in court proceedings; or
(4) the expungement would be in the best interests of justice and (A)charges have been dismissed; or (B) no charges have been or are likely to befiled.
(d) When the court has ordered expungement of an arrest record andsubsequent court proceedings, if any, the order shall state the informationrequired to be stated in the petition and shall state the grounds forexpungement under subsection (c). The clerk of the court shall send acertified copy of the order to the Kansas bureau of investigation which shallnotify the federal bureau of investigation, the secretary of corrections andany other criminal justice agency which may have a record of the arrest. If anorder of expungement is entered, the petitioner shall be treated as not havingbeen arrested.
(e) If the ground for expungement is as provided in subsection (c)(4), thecourt shall determine whether, in the interests of public welfare, the recordsshould be available for any of the following purposes: (1) In any applicationfor employment as a detective with a private detective agency, as defined inK.S.A. 75-7b01 and amendments thereto; as security personnel with a privatepatrol operator, as defined by K.S.A. 75-7b01 and amendments thereto;or with an institution, as defined in K.S.A. 76-12a01 and amendments thereto,of the department of social and rehabilitation services;
(2) in any application for admission, or for an order of reinstatement, tothe practice of law in this state;
(3) to aid in determining the petitioner's qualifications for employmentwith the Kansas lottery or for work in sensitive areas within the Kansaslottery as deemed appropriate by the executive director of the Kansas lottery;
(4) to aid in determining the petitioner's qualifications for executivedirector of the Kansas racing commission, for employment with the commission orfor work in sensitive areas in parimutuel racing as deemed appropriate by theexecutive director of the commission, or to aid in determining qualificationsfor licensure or renewal of licensure by the commission;
(5) in any application for a commercial driver's license under K.S.A.8-2,125 through 8-2,142 and amendments thereto;
(6) to aid in determining the petitioner's qualifications to be an employeeof the state gaming agency;
(7) to aid in determining the petitioner's qualifications to be an employeeof a tribal gaming commission or to hold a license issued pursuant to atribal-state gaming compact; or
(8) in any other circumstances which the court deems appropriate.
(f) Subject to any disclosures required under subsection (e), in anyapplication for employment, license or other civil right or privilege, or anyappearance as a witness, a person whose arrest records have been expunged asprovided in this section may state that such person has never been arrested.
(g) Whenever a petitioner's arrest records have been expunged as provided inthis section, the custodian of the records of arrest, incarceration due toarrest or court proceedings related to the arrest, shall not disclose thearrest or any information related to the arrest, except as directed by theorder of expungement or when requested by the person whose arrest record wasexpunged.
(h) The docket fee collected at the time the petition for expungement isfiled shall be disbursed in accordance with K.S.A. 20-362, and amendmentsthereto.
History: L. 1998, ch. 131, § 3;L. 2001, ch. 69, § 2;L. 2006, ch. 149, § 8;L. 2006, ch. 195, § 12;L. 2009, ch. 116, § 12; July 1.